Kane County considering 'Cupcake Law' to allow home baking businesses

Kane County officials want to bring legitimacy to in-home baking businesses by signing on to the state's "Cupcake Law." The plan would follow a course some other counties shun.

The health department pitched a plan to adopt the "Cupcake Law" Wednesday. State lawmakers created the law in 2014, allowing for the direct sale of certain goods baked in home-based kitchens. Any such sales for any reason other than a religious or charitable purpose are illegal unless a local municipality puts the law into its own provisions.

Aurora adopted the "Cupcake Law" earlier this year, making it the only place in the county such sales can occur. If the county passes the law, health department officials want to tie in mandatory registration with the county and a voluntary, free course on safe food handling.

The registry would help the health department isolate any foodborne illnesses that originate in such operations. Unlike restaurants, the health department would not inspect the home kitchens except in the case of an illness outbreak.

"This isn't encouraging people to bake," said Barb Jeffers, executive director of the health department. "This is encouraging people to bake for profit. This is about making a small business. The bigger encouragement would be to access our food handling training."

It's that aspect of food safety that's caused at least a couple of Illinois counties to shun the "Cupcake Law." Health officials in both Macon and McDonough counties have publicly stated they don't like the law because it promotes the sale and consumption of non-inspected food including the presence of allergens and pests in the kitchens creating it.

Kane County officials don't share those concerns. Theresa Heaton, the county's director of health promotion, said the law limits the potential of foodborne illness by restricting the types of baked goods. Bread, cookies, cakes and pastries are OK. Cheesecakes, custard pies and cream pies are not allowed.

Heaton said the county would develop a voluntary training program for these baking operations to limit the potential of foodborne illness even more. The program will be bilingual and include a mix of in-person training and webinars.

"What we know about foodborne illness is that it can start anywhere," Heaton said. "You can get sick from eating something at a restaurant, but you can also get sick because of something you cooked in your home. It's not just about the ingredients. So we'll develop a training program that addresses this situation."

The county board must vote on the proposal.